PARENTS are almost certain to be caught up in yet another wrangle this summer over applications for places at the county’s secondary schools in 2004.

Some non-selective and church schools are set to challenge the legality of the county council’s new admissions arrangements to secondary schools, published last week.

Kent’s proposals would, if agreed, prevent non-selective foundation schools from giving greater priority to applications from those that do not enter their child for the 11-plus.

Fifteen schools, including the county’s six Catholic secondary schools, adopted this policy of “conditionality” last year. The policy led to Tory accusations that schools were blackmailing parents into not taking the exam.

Under KCC’s admission arrangements for 2004, the 15 foundation schools would have to end their policy of distinguishing between different applications. This is because KCC is proposing to allocate places at over-subscribed schools without those schools knowing whether they have applied to others.

However, the schools affected say KCC is proposing unlawful arrangements because they are entitled to set their own admissions policy.

Doug Kimber, the head of Maidstone’s Maplesden Noakes School, criticised the plans. He said: "I would be disappointed if that was the case. The admissions would appear to give greater preference to grammar schools. What I want is for children to have the option of choosing us as a genuine first choice."

Simon Parr, of the Catholic diocesan board, which represents the county’s six Catholic schools, said: “Taking out conditionality, which all our schools use, is against the Government’s code of practice, which says the need to set a co-ordinated admissions policy should not affect the right of foundation schools to set their own admissions."

Proposals for dealing with applications to over-subscribed schools were also at odds with the new Government code, he added.

“We are dismayed that KCC is going along with this without taking any of these fundamental points into account.”

KCC’s plans are likely to end up with the Schools Adjudicator – an independent body set up to arbitrate in admissions disputes – who will have to rule on the matter.

Ultimately, if no agreement can be reached, the Secretary of State for Education, Charles Clarke, will have the power to impose his own scheme of admissions.

Any formal challenges will, as in previous years, disrupt the application timetable and could leave parents in limbo.

KCC is confident its proposals will be upheld. In a statement, it said: “Everything in the paper been checked with the DfES for legality and they are happy with the proposals.”

Referring to complaints that schools had been given insufficient time to respond, the council said: “The response time for schools of ten days was due to the lateness of orders placed before parliament. We therefore wrote to all schools at the beginning of January warning them and asking them to look out for the consultation papers.”